Mass. High Court upholds "under God" in pledge

Friday

May 9, 2014 at 11:45 AMMay 9, 2014 at 11:45 AM

The Massachusetts Supreme Judicial Court ruled on Friday, May 9, that the recitation of the Pledge of Allegiance in schools, including the words "under God," does not violate the state Constitution. The ruling is the outcome of a suit filed by the atheist parents of children being educated in the Acton public schools.

The parents, identified as Jane and John Doe, alleged, among other things, that the daily recitation of the pledge violated their rights under the Massachusetts Constitution and sought an order preventing the public schools in Acton and the Acton-Boxborough Regional School District from continuing the pledge in any form that affirms the existence of a deity.

The suit was filed in November 2010. According to court record, the plaintiffs had three children in the public schools.

The court, in its decision, affirmed that the pledge, which is voluntary, violates neither the Constitution or state law.

The court judgment noted that "it is undisputed, as a matter of Federal constitutional law and as a matter of fact on record record in the case, that no student is required to recite the pledge."

The court noted also that there is no evidence on the record that the Doe children were ever "subjected to any type of punishment, bullying or other mistreatment, criticism, condemnation, or ostracism as a result of not participating in the pledge or not reciting the words 'under God.' "

The case attracted attention beyond the region and Friends of the Court briefs were filed by groups including the America Center for Law and Justice, the Center for Inquiry, the Alliance Defending Freedom and the American Legion.